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1N/A| This license covers all software that refers to the URL |
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1N/ACommon Public License Version 1.0
1N/A THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
1N/A PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
1N/A THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1N/A "Contribution" means:
1N/A a) in the case of the initial Contributor, the initial code and
1N/A documentation distributed under this Agreement, and
1N/A b) in the case of each subsequent Contributor:
1N/A i) changes to the Program, and
1N/A ii) additions to the Program;
1N/A where such changes
and/or additions to the Program originate from
1N/A and are distributed by that particular Contributor. A Contribution
1N/A 'originates' from a Contributor if it was added to the Program by
1N/A such Contributor itself or anyone acting on such Contributor's
1N/A behalf. Contributions do not include additions to the Program
1N/A which: (i) are separate modules of software distributed in
1N/A conjunction with the Program under their own license agreement, and
1N/A (ii) are not derivative works of the Program.
1N/A "Contributor" means any person or entity that distributes the Program.
1N/A "Licensed Patents " mean patent claims licensable by a Contributor
1N/A which are necessarily infringed by the use or sale of its Contribution
1N/A alone or when combined with the Program.
1N/A "Program" means the Contributions distributed in accordance with this
1N/A "Recipient" means anyone who receives the Program under this
1N/A Agreement, including all Contributors.
1N/A a) Subject to the terms of this Agreement, each Contributor hereby
1N/A grants Recipient a non-exclusive, worldwide, royalty-free copyright
1N/A license to reproduce, prepare derivative works of, publicly
1N/A display, publicly perform, distribute and sublicense the
1N/A Contribution of such Contributor, if any, and such derivative
1N/A works, in source code and object code form.
1N/A b) Subject to the terms of this Agreement, each Contributor hereby
1N/A grants Recipient a non-exclusive, worldwide, royalty-free patent
1N/A license under Licensed Patents to make, use, sell, offer to sell,
1N/A import and otherwise transfer the Contribution of such Contributor,
1N/A if any, in source code and object code form. This patent license
1N/A shall apply to the combination of the Contribution and the Program
1N/A if, at the time the Contribution is added by the Contributor, such
1N/A addition of the Contribution causes such combination to be covered
1N/A by the Licensed Patents. The patent license shall not apply to any
1N/A other combinations which include the Contribution. No hardware per
1N/A se is licensed hereunder.
1N/A c) Recipient understands that although each Contributor grants the
1N/A licenses to its Contributions set forth herein, no assurances are
1N/A provided by any Contributor that the Program does not infringe the
1N/A patent or other intellectual property rights of any other entity.
1N/A Each Contributor disclaims any liability to Recipient for claims
1N/A brought by any other entity based on infringement of intellectual
1N/A property rights or otherwise. As a condition to exercising the
1N/A rights and licenses granted hereunder, each Recipient hereby
1N/A assumes sole responsibility to secure any other intellectual
1N/A property rights needed, if any. For example, if a third party
1N/A patent license is required to allow Recipient to distribute the
1N/A Program, it is Recipient's responsibility to acquire that license
1N/A before distributing the Program.
1N/A d) Each Contributor represents that to its knowledge it has
1N/A sufficient copyright rights in its Contribution, if any, to grant
1N/A the copyright license set forth in this Agreement.
1N/A A Contributor may choose to distribute the Program in object code form
1N/A under its own license agreement, provided that:
1N/A a) it complies with the terms and conditions of this Agreement; and
1N/A b) its license agreement:
1N/A i) effectively disclaims on behalf of all Contributors all
1N/A warranties and conditions, express and implied, including
1N/A warranties or conditions of title and non-infringement, and implied
1N/A warranties or conditions of merchantability and fitness for a
1N/A ii) effectively excludes on behalf of all Contributors all
1N/A liability for damages, including direct, indirect, special,
1N/A incidental and consequential damages, such as lost profits;
1N/A iii) states that any provisions which differ from this Agreement
1N/A are offered by that Contributor alone and not by any other party;
1N/A iv) states that source code for the Program is available from such
1N/A Contributor, and informs licensees how to obtain it in a reasonable
1N/A manner on or through a medium customarily used for software
1N/A When the Program is made available in source code form:
1N/A a) it must be made available under this Agreement; and
1N/A b) a copy of this Agreement must be included with each copy of the
1N/A Contributors may not remove or alter any copyright notices contained
1N/A Each Contributor must identify itself as the originator of its
1N/A Contribution, if any, in a manner that reasonably allows subsequent
1N/A Recipients to identify the originator of the Contribution.
1N/A 4. COMMERCIAL DISTRIBUTION
1N/A Commercial distributors of software may accept certain
1N/A responsibilities with respect to end users, business partners and the
1N/A like. While this license is intended to facilitate the commercial use
1N/A of the Program, the Contributor who includes the Program in a
1N/A commercial product offering should do so in a manner which does not
1N/A create potential liability for other Contributors. Therefore, if a
1N/A Contributor includes the Program in a commercial product offering,
1N/A such Contributor ("Commercial Contributor") hereby agrees to defend
1N/A and indemnify every other Contributor ("Indemnified Contributor")
1N/A against any losses, damages and costs (collectively "Losses") arising
1N/A from claims, lawsuits and other legal actions brought by a third party
1N/A against the Indemnified Contributor to the extent caused by the acts
1N/A or omissions of such Commercial Contributor in connection with its
1N/A distribution of the Program in a commercial product offering. The
1N/A obligations in this section do not apply to any claims or Losses
1N/A relating to any actual or alleged intellectual property infringement.
1N/A In order to qualify, an Indemnified Contributor must: a) promptly
1N/A notify the Commercial Contributor in writing of such claim, and b)
1N/A allow the Commercial Contributor to control, and cooperate with the
1N/A Commercial Contributor in, the defense and any related settlement
1N/A negotiations. The Indemnified Contributor may participate in any such
1N/A claim at its own expense.
1N/A For example, a Contributor might include the Program in a commercial
1N/A product offering, Product X. That Contributor is then a Commercial
1N/A Contributor. If that Commercial Contributor then makes performance
1N/A claims, or offers warranties related to Product X, those performance
1N/A claims and warranties are such Commercial Contributor's responsibility
1N/A alone. Under this section, the Commercial Contributor would have to
1N/A defend claims against the other Contributors related to those
1N/A performance claims and warranties, and if a court requires any other
1N/A Contributor to pay any damages as a result, the Commercial Contributor
1N/A must pay those damages.
1N/A EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
1N/A PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
1N/A KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
1N/A WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
1N/A OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
1N/A responsible for determining the appropriateness of using and
1N/A distributing the Program and assumes all risks associated with its
1N/A exercise of rights under this Agreement, including but not limited to
1N/A the risks and costs of program errors, compliance with applicable
1N/A laws, damage to or loss of data, programs or equipment, and
1N/A unavailability or interruption of operations.
1N/A 6. DISCLAIMER OF LIABILITY
1N/A EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
1N/A ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
1N/A INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
1N/A WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
1N/A LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
1N/A NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
1N/A DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
1N/A HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1N/A If any provision of this Agreement is invalid or unenforceable under
1N/A applicable law, it shall not affect the validity or enforceability of
1N/A the remainder of the terms of this Agreement, and without further
1N/A action by the parties hereto, such provision shall be reformed to the
1N/A minimum extent necessary to make such provision valid and enforceable.
1N/A If Recipient institutes patent litigation against a Contributor with
1N/A respect to a patent applicable to software (including a cross-claim or
1N/A counterclaim in a lawsuit), then any patent licenses granted by that
1N/A Contributor to such Recipient under this Agreement shall terminate as
1N/A of the date such litigation is filed. In addition, if Recipient
1N/A institutes patent litigation against any entity (including a
1N/A cross-claim or counterclaim in a lawsuit) alleging that the Program
1N/A itself (excluding combinations of the Program with other software or
1N/A hardware) infringes such Recipient's patent(s), then such Recipient's
1N/A rights granted under Section 2(b) shall terminate as of the date such
1N/A litigation is filed.
1N/A All Recipient's rights under this Agreement shall terminate if it
1N/A fails to comply with any of the material terms or conditions of this
1N/A Agreement and does not cure such failure in a reasonable period of
1N/A time after becoming aware of such noncompliance. If all Recipient's
1N/A rights under this Agreement terminate, Recipient agrees to cease use
1N/A and distribution of the Program as soon as reasonably practicable.
1N/A However, Recipient's obligations under this Agreement and any licenses
1N/A granted by Recipient relating to the Program shall continue and
1N/A Everyone is permitted to copy and distribute copies of this Agreement,
1N/A but in order to avoid inconsistency the Agreement is copyrighted and
1N/A may only be modified in the following manner. The Agreement Steward
1N/A reserves the right to publish new versions (including revisions) of
1N/A this Agreement from time to time. No one other than the Agreement
1N/A Steward has the right to modify this Agreement. IBM is the initial
1N/A Agreement Steward. IBM may assign the responsibility to serve as the
1N/A Agreement Steward to a suitable separate entity. Each new version of
1N/A the Agreement will be given a distinguishing version number. The
1N/A Program (including Contributions) may always be distributed subject to
1N/A the version of the Agreement under which it was received. In addition,
1N/A after a new version of the Agreement is published, Contributor may
1N/A elect to distribute the Program (including its Contributions) under
1N/A the new version. Except as expressly stated in Sections 2(a) and 2(b)
1N/A above, Recipient receives no rights or licenses to the intellectual
1N/A property of any Contributor under this Agreement, whether expressly,
1N/A by implication, estoppel or otherwise. All rights in the Program not
1N/A expressly granted under this Agreement are reserved.
1N/A This Agreement is governed by the laws of the State of New York and
1N/A the intellectual property laws of the United States of America. No
1N/A party to this Agreement will bring a legal action under this Agreement
1N/A more than one year after the cause of action arose. Each party waives
1N/A its rights to a jury trial in any resulting litigation.
1N/ACopyright (c) 2004 by the Open Source Initiative
1N/AThis is a copy of the license posted on 2004-10-06 at: